SOUTH AUSTRALIA]

No. 49

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  24  JULY  2001

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

    2.

The following Papers were laid upon the Table, viz.:

        By the Attorney-General (The Hon. K. T. Griffin) -

                 Animal and Plant Control Commission South Australia - Report, 2000.

                 Regulations under the following Acts -

                          Gas Pipelines Access (South Australia) Act 1997 - Fees.

                          Primary Industry Funding Schemes Act 1998 - Riverland Wine Industry.

        By the Minister for Consumer Affairs (The Hon. K. T. Griffin) -

                 Regulations under the following Acts -

                          Building Work Contractors Act 1995 - Annual Fees.

                          Conveyancers Act 1994 - Annual Fees.

                          Land Agents Act 1994 - Annual Fees.

                          Plumbers, Gas Fitters and Electricians Act 1995 - Annual Fees.

                          Second-hand Vehicle Dealers act 1995 - Annual Fees.

                          Security and Investigation Agents Act 1995 - Annual Fees.

                          Travel Agents Act 1986 - Fees.

        By the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) -

                 Reports, 1999-2000 -

                          General Reserve Trust.

                          Public and Environmental Health Council.

                 Regulations under the following Acts -

                          Botanic Gardens and State Herbarium Act 1978 - Vehicle Expiation Fees.

                          Environment Protection Act 1993 - Used Packaging.

                          Guardianship and Administration Act 1993 - Costs.

                          Harbors and Navigation Act 1993 - Hull Identification Number.

                          Motor Vehicles Act 1959 - Heavy Vehicle Speeding.

                          Road Traffic Act 1961 -

                                   Road Train Speeds.

                                   Speeding Offences.

                 Rule under Act -

                          Racing Act 1976 - Bookmakers Licensing (Telephone Bet) - Maximum Bets.

                 Third Party Premiums Committee - Determinations.

 

Papers.

   3.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Aboriginal Affairs (The Hon. D. C. Kotz, M.P.) concerning allegations relating to the Anangu Pitjanjatjara Lands.

 

Paper Tabled.

   4.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

   5.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment (Local Government) Bill.

 

In the Committee

 

                 Clause No. 2 which the Hon. N. Xenophon had moved to amend on page 4, line 6, by leaving out “Subject to subsection (2)” and inserting “Subject to subsections (2) and (3)” and after line 8, inserting:

                 “(3)  Sections 7A and 24B must be brought into operation on the same day day.” -

        further considered.

                 Question - That the amendments be agreed to - put.

Statutes Amendment (Local Government) Bill.

 

            Committee divided:

Ayes, 11

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. N. Xenophon (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. D. V. Laidlaw (Teller)

 

 

 

 

 

 

                          Clause No. 2, as amended, agreed to.

                          Clauses No. 3 to No. 7 agreed to.

                          New clause No. 7A inserted.

                          Clauses No. 8 to No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          Clauses No. 14 to No. 24 agreed to.

                          New clause No. 24A inserted.

                          Clause No. 25 amended and agreed to.

                          New clause No. 26 inserted.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments; whereupon the Council adopted such report.

                 The Minister for Transport and Urban Planning, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

   6.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

   7.

Ordered - That Order of the Day (Government Business) No. 5 be postponed and taken into consideration on motion.

 

Postponement
of Business.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Workers Rehabilitation and Compensation (Directions Officers) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

Workers
Rehabilitation and
Compensation
(Directions Officers)
Amendment Bill.

 

   9.

Ordered - That Order of the Day (Government Business) No. 7 be postponed and taken into consideration on motion.

 

Postponement
of Business.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Supply Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Treasurer, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Supply Bill.

11.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Southern State Superannuation (Invalidity/Death Insurance) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned and ordered to be resumed on motion.

 

Southern State
Superannuation
(Invalidity/Death
Insurance)
Amendment Bill.

13.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 11 be postponed and taken into consideration on motion.

 

Postponement
of Business.

14.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Indexation of Superannuation Pensions) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned and ordered to be resumed on motion.

 

Statutes
Amendment
(Indexation of
Superannuation
Pensions) Bill.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Southern State Superannuation (Invalidity/Death Insurance) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned and ordered to be resumed on motion.

 

Southern State
Superannuation
(Invalidity/Death
Insurance)
Amendment Bill.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Land Acquisition (Native Title) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned and ordered to be resumed on motion.

 

Land Acquisition
(Native Title)
Amendment Bill.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Water Resources (Reservation of Water) Amendment Bill be now read a second time:

                 Debate resumed.

                 And the Hon. A. J. Redford having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Water Resources
(Reservation
of Water)
Amendment Bill.

18.

At one minute past six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

19.

Ordered - That the adjourned debate on the question - That the Water Resources (Reservation of Water) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned and ordered to be resumed on motion.

 

Water Resources
(Reservation
of Water)
Amendment Bill.

20.

On the Order of the Day being read for the adjourned debate on the question - That the Food Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned and ordered to be resumed on motion.

 

Food Bill.

21.

Ordered - That the adjourned debate on the question - That the Water Resources (Reservation of Water) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          New clause No. 2A inserted.

                          Clause No. 3 agreed to.

                          New clause No. 3A inserted.

                          New clause No. 3B inserted.

                          New clause No. 3C inserted.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 and No. 6 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments; whereupon the Council adopted such report.

                 The Treasurer, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Water Resources
(Reservation
of Water)
Amendment Bill.

22.

Ordered - That the adjourned debate on the question - That the Southern State Superannuation (Invalidity/Death Insurance) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

Southern State
Superannuation
(Invalidity/Death
Insurance)
Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 22 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Treasurer, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

23.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Indexation of Superannuation Pensions) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 9 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Treasurer, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Statutes
Amendment
(Indexation of
Superannuation
Pensions) Bill.

24.

Ordered - That Order of the Day (Government Business) No. 16 be postponed and taken into consideration on motion.

 

Postponement
of Business.

25.

On the Order of the Day being read for the adjourned debate on the question - That the Appropriation Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned and ordered to be resumed on motion.

 

Appropriation
Bill.

26.

On the Order of the Day being read for the adjourned debate on the question - That the Medical Practice Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned and ordered to be resumed on motion.

 

Medical Practice
Bill.

27.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Consumer Affairs) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until next day of sitting.

 

Statutes
Amendment
(Consumer Affairs)
Bill.

28.

Ordered - That the adjourned debate on the question - That the Trade Measurements (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until next day of sitting.

 

Trade
Measurements
(Miscellaneous)
Amendment Bill.

29.

Ordered - That the adjourned debate on the question - That the Medical Practice Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Medical Practice
Bill.

30.

Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

31.

On the Order of the Day being read for the adjourned debate on the question - That the Dignity in Dying Bill be now read a second time:

                 Debate resumed.

                 And the Hon. T. G. Roberts having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Dignity in
Dying Bill.

32.

The following Messages from the House of Assembly were received and read -

Message No. 85

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Land Agents Act 1994, without any amendment.

House of Assembly, 5 July 2001.                                                                        J.K.G. OSWALD, Speaker.

 

Messages from
House of Assembly:
Land Agents
(Registration)
Amendment Bill.

 

Message No. 86

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Classification (Publications, Films and Computer Games) Act 1995, without any amendment.

House of Assembly, 5 July 2001.                                                                        J.K.G. OSWALD, Speaker.

 

Classification
(Publications,
Films and
Computer Games)
(Miscellaneous) Amendment Bill.

 

 

Message No. 87

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987, without any amendment.

House of Assembly, 24 July 2001.                                                                      J.K.G. OSWALD, Speaker.

 

Protection of
Marine Waters
(Prevention of
Pollution from Ships)
(Miscellaneous)
Amendment Bill.

 

 

Message No. 88

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Explosives Act 1936, without any amendment.

House of Assembly, 24 July 2001.                                                                      J.K.G. OSWALD, Speaker.

 

Explosives
(Miscellaneous)
Amendment Bill.

33.

Ordered - That the remaining Orders of the Day (Government Business) and Orders of the Day (Private Business) be Orders of the Day for next day of sitting.

 

Postponement
of Business.

34.

Council adjourned at twenty-five minutes to twelve o’clock midnight until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. R. R. Roberts

            The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo